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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
TASMANIAN HEALTH ORGANISATIONS BILL
2011
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
3. Object of Act
4. Interpretation
5. Meaning of "material personal interest"
PART 2 - TASMANIAN HEALTH ORGANISATIONS
Division 1 - Establishment of Tasmanian Health Organisations
6. Tasmanian Health Organisations established
7. Operational areas of Tasmanian Health Organisations
8. Establishment, &c., of Tasmanian Health Organisations may be
altered by Governor
9. Legal entity of Tasmanian Health Organisations
Division 2 - Purposes, functions and powers of Tasmanian Health
Organisations
10. Purposes of Tasmanian Health Organisations
11. Functions of Tasmanian Health Organisations
12. Powers of Tasmanian Health Organisations
13. Limitations on powers of Tasmanian Health Organisations
[Bill 58]-XI
PART 3 - GOVERNING COUNCILS OF TASMANIAN HEALTH
ORGANISATIONS
Division 1 - Establishment and membership of governing councils
14. Governing councils
15. Composition of membership
16. Appointment of members
17. Acting members
18. Acting chairperson
19. Disclosure of interest of members
20. Members to act honestly, &c.
21. Recovery of improper profit
Division 2 - Functions and powers of governing councils
22. Functions of governing councils
23. Powers of governing councils
24. Delegation by governing councils
25. Meetings of governing councils
Division 3 - Governing council subcommittees
26. Audit and risk subcommittees
27. Other subcommittees
PART 4 - OPERATION OF TASMANIAN HEALTH ORGANISATIONS
Division 1 - Staffing
28. Chief executive officer
29. Powers and functions of chief executive officer
30. Employees
Division 2 - Financial matters
31. Funds of Tasmanian Health Organisations
32. Authorised deposit-taking institution accounts
33. Accounting records
34. Financial statements
35. Treasurer's Instructions
36. Matters relating to Audit Act 2008
2
37. Effect of Financial Agreement Act 1994
Division 3 - Operational matters
38. Certain services, &c., to be used by Tasmanian Health
Organisation
PART 5 - MINISTERIAL GUIDANCE AND DIRECTION
Division 1 - Ministerial charters
39. Ministerial charters
40. Contents of ministerial charters
41. Compliance with ministerial charters
Division 2 - Ministerial policy and directions
42. Ministerial policy
43. Ministerial directions
Division 3 - Service agreements
44. Minister and Tasmanian Health Organisations to enter into
service agreements
45. Contents of service agreements
PART 6 - GOVERNING COUNCIL PLANS AND REPORTS
Division 1 - Corporate plans
46. Corporate plans
47. Amendments to corporate plans
48. Tasmanian Health Organisations to operate in accordance with
corporate plans
49. Ministers to be notified if development may affect achievement
of corporate plan, &c.
Division 2 - Annual business plans
50. Annual business plans
51. Tasmanian Health Organisations to operate in accordance with
annual business plans
Division 3 - Reports
52. Progress reports
53. Annual reports
54. Tabling of annual reports
3
55. Annual report under State Service Act 2000 not required
56. Minister may request reports
57. Governing council to notify responsible Ministers of
developments affecting financial viability, &c.
PART 7 - PERFORMANCE MANAGEMENT OF TASMANIAN
HEALTH ORGANISATIONS
Division 1 - Review and audit
58. Review and audit
Division 2 - What constitutes unsatisfactory performance
59. Unsatisfactory performance
Division 3 - Performance improvement plans
60. Minister may require governing council to produce performance
improvement plans
61. Performance improvement plans
62. Governing councils, &c., to comply with performance
improvement plans
Division 4 - Ministerial representatives
63. Minister may appoint ministerial representatives to governing
councils
64. Terms of appointment of ministerial representatives
65. Functions of ministerial representatives
66. Obligations of governing councils to ministerial representatives
Division 5 - Performance improvement teams
67. Minister may appoint performance improvement teams
68. Assistance to be provided to performance improvement teams
Division 6 - Dissolution of governing councils
69. Minister may dissolve governing council
70. Administrators
71. Deputy administrators
72. Terms of appointment of administrators and deputy
administrators
73. Disclosure of interest of administrators and deputy
administrators
4
PART 8 - MISCELLANEOUS
74. Certain persons disqualified from offices
75. Indemnity
76. Delegation by Ministers
77. Certain instruments are not statutory rules
78. Volunteers
79. Regulations
80. Administration of Act
81. Transitional and savings provisions
82. Consequential amendments
SCHEDULE 1 - TASMANIAN HEALTH ORGANISATIONS
SCHEDULE 2 - OPERATIONAL AREAS OF TASMANIAN HEALTH
ORGANISATIONS
SCHEDULE 3 - MEMBERS OF GOVERNING COUNCILS
SCHEDULE 4 - MEETINGS OF GOVERNING COUNCILS
SCHEDULE 5 - SUBCOMMITTEES
SCHEDULE 6 - TRANSITIONAL AND SAVINGS PROVISIONS
SCHEDULE 7 - CONSEQUENTIAL AMENDMENTS
5
6
TASMANIAN HEALTH ORGANISATIONS BILL
2011
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
P. R. ALCOCK, Clerk of the House
27 October 2011
(Brought in by the Minister for Health, the Honourable
Michelle Anne O'Byrne)
A BILL FOR
An Act to establish Tasmanian Health Organisations, to
provide for the guidance and supervision of such
organisations, to amend the State Service Act 2000
consequent on the establishment of such organisations, and
for related matters
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Tasmanian Health
Organisations Act 2011.
[Bill 58] 7
Tasmanian Health Organisations Act 2011
Act No. of
s. 2 Part 1 - Preliminary
2. Commencement
The provisions of this Act commence on a day
or days to be proclaimed.
3. Object of Act
(1) The object of this Act is to assist in the
establishment of a public sector health system
that delivers safe, high quality health services
and health support services so as to improve,
promote, protect and maintain the health of
persons in Tasmania.
(2) The object is mainly achieved by -
(a) establishing Tasmanian Health
Organisations for the provision and
coordination of health services and health
support services in operational areas; and
(b) providing for State-wide health system
management through enabling effective
planning and coordination of the
provision of health services and health
support services across the State as a
whole; and
(c) balancing the benefits of having both an
operational area approach, and a State-
wide approach, to the provision of health
services and health support services.
8
Tasmanian Health Organisations Act 2011
Act No. of
Part 1 - Preliminary s. 4
4. Interpretation
In this Act, unless the contrary intention
appears -
"administrator", in relation to a Tasmanian
Health Organisation, means a person who
is appointed as an administrator of the
organisation under section 70;
"annual business plan", in relation to a
Tasmanian Health Organisation for a
financial year, means the annual business
plan for that financial year that is
produced by the organisation under
section 50;
"chairperson", in relation to a Tasmanian
Health Organisation, means the person
appointed under section 16(1) to be the
chairperson of the organisation and
includes a person taken to be the
chairperson of the organisation under
section 18(4);
"chief executive officer", in relation to a
Tasmanian Health Organisation, means
the person appointed in accordance with
section 28 to be the chief executive
officer of the organisation;
"committee member" means a person who
is, under Schedule 5, a member of a
subcommittee;
"corporate plan", in relation to a Tasmanian
Health Organisation, means the corporate
9
Tasmanian Health Organisations Act 2011
Act No. of
s. 4 Part 1 - Preliminary
plan that is in effect in relation to the
organisation under section 46, as
amended, if at all, by an amendment to
the plan under section 47 that has taken
effect;
"deputy administrator", in relation to a
Tasmanian Health Organisation, means a
person who is appointed as a deputy
administrator of the organisation under
section 71;
"employee", in relation to a Tasmanian
Health Organisation, means a person
(other than the chief executive officer)
who is employed or appointed under the
State Service Act 2000 for the purposes
of the organisation;
"function" includes duty;
"governing council", in relation to a
Tasmanian Health Organisation, means
the governing council of the organisation
established under section 14;
"health institution" means an institution
(other than a hospital) by or at which
health services or health support services
are provided;
"health service" means any of the following:
(a) a hospital service;
(b) a medical service;
10
Tasmanian Health Organisations Act 2011
Act No. of
Part 1 - Preliminary s. 4
(c) a paramedical service;
(d) a community health service;
(e) the supply or fitting of any
prosthesis or therapeutic device;
(f) any other service (including any
service of a class, or description,
that is prescribed) relating to the
maintenance or improvement of
the health, or the restoration to
health, of persons or the
prevention of disease in, or injury
to, persons -
but does not include a service prescribed
to not be a health service;
"health support service" means a service
that is provided in aid or support of a
health service and includes, but is not
limited to including, the following:
(a) the professional, technical or
other education or training of
persons to be employed by a
Tasmanian Health Organisation
or the Crown to provide health
services;
(b) the procurement or supply, or
both, of goods, substances or
services to providers of health
services;
11
Tasmanian Health Organisations Act 2011
Act No. of
s. 4 Part 1 - Preliminary
(c) the planning or construction of
any building or facility for use in
the provision of health services;
(d) the provision of corporate
services to providers of health
services;
(e) a service prescribed to be a health
support service;
"hospital services" means services provided
by or on behalf of a public hospital;
"material personal interest" - see section 5;
"medical service" means a service, related to
ensuring the health of a person, that is
provided by -
(a) a health practitioner within the
meaning of the Health
Practitioner Regulation National
Law (Tasmania); or
(b) a member of a class of prescribed
persons;
"member", in relation to the governing
council of a Tasmanian Health
Organisation, means -
(a) the chairperson of the governing
council; or
(b) a person who is a member of the
governing council appointed
under section 16(3); or
12
Tasmanian Health Organisations Act 2011
Act No. of
Part 1 - Preliminary s. 4
(c) a person who is taken to be a
member of the governing council
under section 17(4);
"ministerial charter", in relation to a
Tasmanian Health Organisation, means
the ministerial charter for the
organisation that is in effect from time to
time under section 39;
"ministerial representative", in relation to a
Tasmanian Health Organisation, means a
person who is a ministerial representative
appointed to the governing council of the
organisation under Division 4 of Part 7;
"operational area", in relation to a
Tasmanian Health Organisation, means
the operational area, in relation to that
organisation, that is specified in
Schedule 2;
"public hospital" means a hospital that is
under the control of a Tasmanian Health
Organisation;
"responsible Ministers" means -
(a) the Minister; and
(b) the Treasurer;
"Secretary" means Secretary of the
Department;
"service agreement", in relation to a
Tasmanian Health Organisation, for a
13
Tasmanian Health Organisations Act 2011
Act No. of
s. 5 Part 1 - Preliminary
financial year, means the organisation's
service agreement for that financial year
under section 44;
"subcommittee" means a subcommittee
established under section 26 or 27 by the
governing council of a Tasmanian Health
Organisation;
"Tasmanian Health Organisation" means a
Tasmanian Health Organisation
established from time to time by
section 6 and includes any subsidiary of
the organisation;
"Treasurer's Instructions" means -
(a) the Treasurer's Instructions
referred to in section 35(1); and
(b) the Treasurer's Instructions
issued under section 35(3).
5. Meaning of "material personal interest"
(1) In this section -
"partner", in relation to a person, means a
person with whom the person is in a
personal relationship, within the meaning
of the Relationships Act 2003;
"relative", in relation to a person, means -
(a) the spouse or partner of the
person; and
14
Tasmanian Health Organisations Act 2011
Act No. of
Part 1 - Preliminary s. 5
(b) the parent or remoter linear
ancestor of the person; and
(c) the child or remoter issue of the
person; and
(d) the brother or sister of the person;
"relevant office" means the office of a
member, a committee member, an
administrator or a deputy administrator.
(2) In this Act -
"material personal interest", in relation to a
person who holds a relevant office,
means -
(a) a direct or indirect interest; or
(b) a pecuniary or non-pecuniary
interest; or
(c) an interest of a relative of the
person; or
(d) an interest of an associated entity;
or
(e) an interest in a corporation,
within the meaning of the
Corporations Act; or
(f) the person's employment by a
person with a direct or indirect
interest in the Tasmanian Health
Organisation to which the
relevant office relates; or
15
Tasmanian Health Organisations Act 2011
Act No. of
s. 5 Part 1 - Preliminary
(g) the holding by the person of an
office where there arises, or may
arise, a conflict between his or
her duties in that office and his or
her duties as a person who holds
the relevant office; or
(h) the holding by the person of the
office of director in another
statutory authority or in the
governing authority of another
statutory authority; or
(i) any other interest that gives rise,
or may give rise, to a conflict of
interest.
(3) A person who holds a relevant office does not
have a material personal interest by reason only
of also being a State Service officer or State
Service employee.
(4) A person who holds a relevant office in relation
to a Tasmanian Health Organisation does not
have a material personal interest by reason only
of an interest in a contract with the organisation
for goods or services -
(a) ordinarily supplied by the organisation;
and
(b) supplied on the same terms as the goods
or services are ordinarily supplied to
other persons in the same situation.
(5) In relation to a person who holds a relevant
office, each of the following persons (in this
16
Tasmanian Health Organisations Act 2011
Act No. of
Part 1 - Preliminary s. 5
section referred to as "the other person") is an
associated entity if the person who holds a
relevant office or his or her relative has control
over the other person:
(a) a body corporate;
(b) a partnership or other unincorporated
association of persons;
(c) a majority of trustees of a trust.
(6) For the purposes of determining whether the
person who holds a relevant office has control
over the other person, the following matters may
be taken into account:
(a) whether the person who holds a relevant
office or his or her relative is a
shareholder in, a director or other officer
of, or a trustee of, the other person;
(b) whether the person who holds a relevant
office or his or her relative is a
beneficiary in the trust of which the other
person is a trustee;
(c) any other matter or relationship that is
relevant.
(7) For the purposes of determining whether the
relative of a person who holds a relevant office
has control over the other person, the following
matters may be taken into account:
(a) whether the relative, or his or her
relative, is a shareholder in, a director or
17
Tasmanian Health Organisations Act 2011
Act No. of
s. 5 Part 1 - Preliminary
other officer of, or a trustee of, the other
person;
(b) whether the relative or his or her relative
is a beneficiary in the trust of which the
other person is a trustee;
(c) any other matter or relationship that is
relevant.
18
Tasmanian Health Organisations Act 2011
Act No. of
Part 2 - Tasmanian Health Organisations s. 6
PART 2 - TASMANIAN HEALTH ORGANISATIONS
Division 1 - Establishment of Tasmanian Health
Organisations
6. Tasmanian Health Organisations established
There are established by this section the
Tasmanian Health Organisations specified from
time to time in Schedule 1.
7. Operational areas of Tasmanian Health
Organisations
(1) The operational area for a Tasmanian Health
Organisation is the operational area specified
from time to time in Schedule 2 in respect of the
organisation.
(2) An operational area in respect of a Tasmanian
Health Organisation may be specified in
Schedule 2 by reference to a map, a document,
or another instrument, that is not included in the
Schedule.
8. Establishment, &c., of Tasmanian Health
Organisations may be altered by Governor
(1) The Governor, by order under subsection (2),
may -
(a) dissolve a Tasmanian Health
Organisation; or
19
Tasmanian Health Organisations Act 2011
Act No. of
s. 8 Part 2 - Tasmanian Health Organisations
(b) amalgamate 2 or more Tasmanian Health
Organisations; or
(c) divide a Tasmanian Health Organisation
into 2 or more Tasmanian Health
Organisations; or
(d) alter the name of a Tasmanian Health
Organisation.
(2) The Governor, by order, for the purpose of
dissolving, amalgamating, dividing, or altering
the name of, one or more Tasmanian Health
Organisations, may do any or all of the
following:
(a) amend Schedule 1 by inserting, altering
or omitting the name of a Tasmanian
Health Organisation;
(b) amend Schedule 2 by inserting, altering
or omitting an operational area in respect
of a Tasmanian Health Organisation;
(c) if the Governor amalgamates 2 or more
Tasmanian Health Organisations, or
divides a Tasmanian Health Organisation
into 2 or more Tasmanian Health
Organisations, transfer the assets and
liabilities of one or both of the
organisations to a Tasmanian Health
Organisation or to the Crown.
(3) The provisions of section 47(3), (3A), (4), (5),
(6) and (7) of the Acts Interpretation Act 1931
apply to an order under this section as if the
20
Tasmanian Health Organisations Act 2011
Act No. of
Part 2 - Tasmanian Health Organisations s. 9
order were regulations within the meaning of
that Act.
(4) An order under this section is not an instrument
of a legislative character for the purposes of the
Subordinate Legislation Act 1992.
9. Legal entity of Tasmanian Health Organisations
(1) A Tasmanian Health Organisation -
(a) is a body corporate with perpetual
succession; and
(b) has a seal; and
(c) may sue and be sued in its corporate
name; and
(d) represents the Crown.
(2) The seal of a Tasmanian Health Organisation is
to be kept and used as authorised by its
governing council.
(3) All courts and persons acting judicially must -
(a) take judicial notice of the imprint of the
seal of a Tasmanian Health Organisation
on a document; and
(b) presume that the document was duly
sealed by the Tasmanian Health
Organisation.
(4) All courts and persons acting judicially must
take judicial notice of -
21
Tasmanian Health Organisations Act 2011
Act No. of
s. 10 Part 2 - Tasmanian Health Organisations
(a) the official signature of a person who is
or has been a member of the governing
council, or the chief executive officer, of
a Tasmanian Health Organisation; and
(b) the fact that the person holds or has held
the office concerned.
Division 2 - Purposes, functions and powers of Tasmanian
Health Organisations
10. Purposes of Tasmanian Health Organisations
(1) The primary purposes of a Tasmanian Health
Organisation are -
(a) to promote and maintain the health of
persons; and
(b) to provide care and treatment to, and ease
the suffering of, persons with health
problems.
(2) A Tasmanian Health Organisation is to perform
its functions, and exercise its powers, other than
for the purpose of financial gain.
11. Functions of Tasmanian Health Organisations
The functions of a Tasmanian Health
Organisation are as follows:
(a) generally to improve, promote, protect
and maintain the health of persons to
whom the organisation is required under
22
Tasmanian Health Organisations Act 2011
Act No. of
Part 2 - Tasmanian Health Organisations s. 11
its service agreement to provide health
services;
(b) to conduct and manage public hospitals,
health institutions, health services, and
health support services, that are under the
organisation's control;
(c) to ensure the effective provision of health
services, and health support services, that
are purchased by the organisation;
(d) to provide effective and safe care that
achieves and maintains the standards of
patient care, and service delivery, set out
in the organisation's service agreement;
(e) to manage the organisation's budget, as
determined by the organisation's service
agreement, and its other funds, so as to
ensure -
(i) the efficient and economic
operation of the public hospitals,
health institutions, health
services, and health support
services, that are under the
organisation's control; and
(ii) the efficient and economic
delivery of health services, and
health support services, that are
purchased by the organisation;
and
(iii) the efficient and economic use of
its resources;
23
Tasmanian Health Organisations Act 2011
Act No. of
s. 12 Part 2 - Tasmanian Health Organisations
(f) to consult and collaborate, as appropriate,
with other providers of health services
and health support services, in the
planning and delivery of health services
and health support services;
(g) to provide training and education
relevant to the provision of health
services and health support services;
(h) to undertake research and development
relevant to the provision of health
services and health support services;
(i) to collect health data, and provide health
data, for the purposes of research and
reporting and for any other purposes that
may be prescribed;
(j) any other functions conferred on it by
this Act or any other Act or that are
prescribed.
12. Powers of Tasmanian Health Organisations
Subject to section 13, a Tasmanian Health
Organisation has the following powers:
(a) to acquire, hold, dispose of and otherwise
deal with property;
(b) to enter into contracts;
(c) to receive gifts, donations or bequests;
24
Tasmanian Health Organisations Act 2011
Act No. of
Part 2 - Tasmanian Health Organisations s. 13
(d) to manage trust funds for any trust it
registers in accordance with
section 13(1)(n);
(e) to participate in partnerships, trusts and
joint ventures and in arrangements for
the sharing of profits;
(f) to manage and maintain property;
(g) to charge fees for the delivery of services
and to waive, on the grounds of financial
hardship, all or part of such fees;
(h) all things necessary or convenient to be
done in connection with, or incidental to,
the performance and exercise of its
functions and powers.
13. Limitations on powers of Tasmanian Health
Organisations
(1) Despite section 12, a Tasmanian Health
Organisation may only exercise the following
powers with the approval of the responsible
Ministers and in accordance with any terms or
conditions of the approval:
(a) borrow funds;
(b) establish an overdraft;
(c) acquire, dispose, lease, mortgage, charge,
hypothecate, or otherwise transfer or
encumber, any interest in real property;
25
Tasmanian Health Organisations Act 2011
Act No. of
s. 13 Part 2 - Tasmanian Health Organisations
(d) invest the funds of the organisation;
(e) pledge, charge or encumber any of the
organisation's property;
(f) create a subsidiary;
(g) charge fees other than as prescribed from
time to time under this or any other Act;
(h) waive, on the grounds of financial
hardship, fees for the delivery of
services;
(i) indemnify any person from liability or
guarantee the payment of money or the
performance of services by another
person;
(j) make a charitable donation;
(k) apply for or obtain endorsement by the
Australian Tax Office as -
(i) a deductible gift recipient under
the category of public benevolent
institution; or
(ii) a charitable fund, charitable
institution, health promotion
charity or income tax exempt
fund;
(l) enter into an agreement with -
(i) a government other than the
Tasmanian government; or
26
Tasmanian Health Organisations Act 2011
Act No. of
Part 2 - Tasmanian Health Organisations s. 13
(ii) a government agency that is not a
Tasmanian government agency;
(m) participate in partnerships, trusts and
joint ventures and in arrangements for
the sharing of profits;
(n) register a trust;
(o) register a company.
(2) A Tasmanian Health Organisation does not have
power to make a political donation.
(3) A Tasmanian Health Organisation must not use
its funds (including any money or other assets
that it receives by grant, contribution or
otherwise) for any purpose other than the
performance of its functions or the exercise of its
powers.
(4) The responsible Ministers may grant an approval
under subsection (1) in respect of a particular
matter or a class of matters.
27
Tasmanian Health Organisations Act 2011
Act No. of
s. 14 Part 3 - Governing Councils of Tasmanian Health Organisations
PART 3 - GOVERNING COUNCILS OF TASMANIAN
HEALTH ORGANISATIONS
Division 1 - Establishment and membership of governing
councils
14. Governing councils
(1) There is established, for each Tasmanian Health
Organisation, the governing council of the
organisation.
(2) The governing council of a Tasmanian Health
Organisation consists of -
(a) the chairperson; and
(b) the other members of the governing
council.
(3) The governing council of a Tasmanian Health
Organisation is accountable to the responsible
Ministers for the performance of its functions,
and the exercise of its powers, under this Act.
15. Composition of membership
The responsible Ministers must ensure, so far as
practicable, that the members of the governing
council of a Tasmanian Health Organisation who
are appointed under section 16 collectively
have -
(a) skills and experience necessary to
oversee and provide guidance to the large
28
Tasmanian Health Organisations Act 2011
Act No. of
Part 3 - Governing Councils of Tasmanian Health Organisations s. 16
and complex organisation that is a
Tasmanian Health Organisation; and
(b) skills and experience in health
management, business management and
financial management; and
(c) clinical expertise; and
(d) an understanding of the health needs of
the persons to whom the services of the
organisation will be provided; and
(e) any other skills or experience that the
Ministers consider are required.
16. Appointment of members
(1) The responsible Ministers are to appoint a
person to be a member of the governing council
of a Tasmanian Health Organisation and its
chairperson.
(2) In addition to the chairperson appointed under
subsection (1), there are to be not less than 4,
and not more than 8, members of the governing
council of a Tasmanian Health Organisation.
(3) The responsible Ministers are to appoint persons
to be the members of the governing council of a
Tasmanian Health Organisation referred to in
subsection (2).
(4) A chief executive officer of a Tasmanian Health
Organisation is not eligible to be a member of
29
Tasmanian Health Organisations Act 2011
Act No. of
s. 17 Part 3 - Governing Councils of Tasmanian Health Organisations
the governing council of a Tasmanian Health
Organisation.
(5) Schedule 3 applies to the members of the
governing council of a Tasmanian Health
Organisation.
(6) A person may be appointed to be a member
(including the chairperson) of more than one
governing council of a Tasmanian Health
Organisation.
17. Acting members
(1) If a member (other than the chairperson) of the
governing council of a Tasmanian Health
Organisation is absent from duty or otherwise
unable to perform the functions of a member, the
responsible Ministers may appoint a person to
act as a member of the governing council in the
place of the member.
(2) Section 16(4), (5) and (6) apply in relation to a
person appointed under subsection (1) to act as a
member.
(3) Despite subsection (2), clause 1(1) of Schedule 3
does not apply in relation to a person appointed
under subsection (1) to act as a member.
(4) A person who is appointed under subsection (1)
to act as a member of the governing council of a
Tasmanian Health Organisation is taken to be a
member of the governing council of the
30
Tasmanian Health Organisations Act 2011
Act No. of
Part 3 - Governing Councils of Tasmanian Health Organisations s. 18
Tasmanian Health Organisation while his or her
appointment continues.
(5) The appointment of a person under
subsection (1) to act as a member of the
governing council of a Tasmanian Health
Organisation terminates when the member in
whose place the member is appointed to act as a
member -
(a) resumes the performance of the functions
of a member; or
(b) vacates office as a member.
(6) Subsection (5) does not limit the application of
clause 5 of Schedule 3 to a person who is
appointed under subsection (1) to act as a
member of the governing council of a
Tasmanian Health Organisation.
18. Acting chairperson
(1) If the chairperson of the governing council of a
Tasmanian Health Organisation is absent from
duty or otherwise unable to perform the
functions of the chairperson, the responsible
Ministers may appoint a person to act as the
chairperson of the governing council in the place
of the chairperson.
(2) Section 16(4), (5) and (6) apply in relation to a
person appointed under subsection (1) to act as
the chairperson of the governing council of a
Tasmanian Health Organisation.
31
Tasmanian Health Organisations Act 2011
Act No. of
s. 19 Part 3 - Governing Councils of Tasmanian Health Organisations
(3) Despite subsection (2), clause 1(1) of Schedule 3
does not apply in relation to a person appointed
under subsection (1) to act as the chairperson of
the governing council of a Tasmanian Health
Organisation.
(4) A person who is appointed under subsection (1)
to act as the chairperson of the governing council
of a Tasmanian Health Organisation is taken to
be the chairperson of the governing council
while his or her appointment continues.
(5) The appointment of a person under
subsection (1) to act as the chairperson of the
governing council of a Tasmanian Health
Organisation terminates when the chairperson in
whose place the person is appointed to act as the
chairperson -
(a) resumes the performance of the functions
of the chairperson; or
(b) vacates office as the chairperson.
(6) Subsection (5) does not limit the application of
clause 5 of Schedule 3 to a person appointed to
act as the chairperson of the governing council
of a Tasmanian Health Organisation.
19. Disclosure of interest of members
(1) A member of the governing council of a
Tasmanian Health Organisation who has a
material personal interest in a matter that is
being considered, or is about to be considered,
32
Tasmanian Health Organisations Act 2011
Act No. of
Part 3 - Governing Councils of Tasmanian Health Organisations s. 19
by the governing council must, as soon as
practicable after the relevant facts come to his or
her knowledge, disclose to the governing council
the nature of the interest.
Penalty: Fine not exceeding 50 penalty units or
a term of imprisonment not exceeding
3 months, or both.
(2) Unless the governing council of a Tasmanian
Health Organisation otherwise determines, a
member of the governing council who has made
a disclosure under subsection (1) in relation to a
matter must not -
(a) be present during any deliberation of the
governing council in relation to the
matter; or
(b) take part in any decision of the governing
council in relation to the matter.
(3) A member of the governing council of a
Tasmanian Health Organisation who has made a
disclosure under subsection (1) must not -
(a) be present during any deliberation of the
governing council for the purpose of
making a determination under
subsection (2) in relation to the member;
or
(b) take part in making a determination
under subsection (2) in relation to the
member.
(4) Subsection (1) does not apply -
33
Tasmanian Health Organisations Act 2011
Act No. of
s. 20 Part 3 - Governing Councils of Tasmanian Health Organisations
(a) in respect of a contract for goods or
services, supplied by a Tasmanian Health
Organisation, if the goods or services are
ordinarily supplied by the Tasmanian
Health Organisation on the same terms as
they are ordinarily supplied to other
persons in the same situation; or
(b) in respect of an interest that arises only
because the member is also a State
Service officer or State Service
employee.
20. Members to act honestly, &c.
(1) A member must act honestly in the performance
and exercise of his or her functions and powers
as a member.
Penalty: Fine not exceeding 2 000 penalty units
or a term of imprisonment not
exceeding 2 years, or both.
(2) In performing and exercising the functions and
powers of a member, a member must exercise
the same degree of care and diligence that a
person in a similar position in a corporation,
within the meaning of the Corporations Act, is
required to exercise.
Penalty: Fine not exceeding 2 000 penalty units
or a term of imprisonment not
exceeding 2 years, or both.
34
Tasmanian Health Organisations Act 2011
Act No. of
Part 3 - Governing Councils of Tasmanian Health Organisations s. 21
(3) A member or former member of a Tasmanian
Health Organisation must not use improperly,
whether within Tasmania or elsewhere,
information acquired as a member, so as to -
(a) gain, directly or indirectly, a personal
advantage or an advantage for another
person; or
(b) cause damage to a Tasmanian Health
Organisation; or
(c) cause harm to a person to whom health
services have been provided by, or on
behalf of, a Tasmanian Health
Organisation.
Penalty: Fine not exceeding 2 000 penalty units
or imprisonment for a term not
exceeding 5 years, or both.
21. Recovery of improper profit
If a person is found guilty of an offence under
section 20 -
(a) the Tasmanian Health Organisation of
which the person is or was a member
may recover from the person in a court of
competent jurisdiction as a debt due to it
any profit made by that person or another
person as a result of the commission of
the offence; and
(b) a Tasmanian Health Organisation may
recover from the person in a court of
35
Tasmanian Health Organisations Act 2011
Act No. of
s. 22 Part 3 - Governing Councils of Tasmanian Health Organisations
competent jurisdiction as a debt due to it
an amount equal to any loss and damage
it suffered as a result of the commission
of the offence.
Division 2 - Functions and powers of governing councils
22. Functions of governing councils
The governing council of a Tasmanian Health
Organisation has the following functions:
(a) to ensure that the organisation provides
effective and safe health care to, and
improves health outcomes for, persons to
whom health services are to be provided
under the organisation's service
agreement;
(b) to ensure that the organisation performs
its functions, and exercises its powers, in
a satisfactory manner;
(c) to ensure that the organisation complies
with this Act or any other Act that
applies in relation to the organisation;
(d) to negotiate the organisation's service
agreement in accordance with Division 3
of Part 5;
(e) to ensure that -
(i) the organisation delivers the
services that it has agreed, under
36
Tasmanian Health Organisations Act 2011
Act No. of
Part 3 - Governing Councils of Tasmanian Health Organisations s. 22
the organisation's service
agreement, to provide; and
(ii) the organisation delivers those
services in accordance with the
performance standards set out in
the organisation's service
agreement; and
(iii) the organisation delivers those
services in accordance with the
budget set out in the
organisation's annual business
plan; and
(iv) the organisation delivers those
services in accordance with the
organisation's corporate plan;
(f) to ensure that systems are in place to
enable the services that the organisation
is required to deliver under the
organisation's service agreement to be
provided efficiently and economically;
(g) to monitor the organisation's
performance against the performance
measures set out in the service
agreement;
(h) to confer with the chief executive officer
of the organisation as to the performance
measures to be included in the
organisation's service agreement;
(i) to consult with the State government and
persons or bodies with an interest in
37
Tasmanian Health Organisations Act 2011
Act No. of
s. 23 Part 3 - Governing Councils of Tasmanian Health Organisations
health within the organisation's
operational area;
(j) to ensure that the objectives specified in
the organisation's ministerial charter and
corporate plan are achieved;
(k) to formulate, and ensure the
implementation of, policy in respect of
the operation of the organisation;
(l) to ensure that policies required under
section 42 to be implemented by the
organisation are implemented, in so far
as they are not inconsistent with the
organisation's service agreement;
(m) to provide advice to the Minister in
respect of anticipated future capital
investment requirements of the
organisation and the planning of service
delivery by the organisation;
(n) to ensure that appropriate corporate and
clinical governance procedures are in
place in relation to the organisation;
(o) any other functions conferred on it by
this Act or any other Act or that are
prescribed.
23. Powers of governing councils
Subject to this Act, the governing council of a
Tasmanian Health Organisation has the powers
necessary to perform its functions.
38
Tasmanian Health Organisations Act 2011
Act No. of
Part 3 - Governing Councils of Tasmanian Health Organisations s. 24
24. Delegation by governing councils
The governing council of a Tasmanian Health
Organisation may delegate to a person any of its
functions or powers, other than this power of
delegation.
25. Meetings of governing councils
Schedule 4 has effect with respect to the
meetings of the governing council of a
Tasmanian Health Organisation.
Division 3 - Governing council subcommittees
26. Audit and risk subcommittees
(1) The governing council of a Tasmanian Health
Organisation must establish an audit and risk
subcommittee, consisting of members of the
council.
(2) An audit and risk subcommittee is to provide
advice, to the governing council that established
it, in respect of any matters about which such
committees are required, under the Treasurer's
Instructions, to provide advice.
(3) An audit and risk subcommittee must comply
with any Treasurer's Instructions that apply to
the subcommittee.
39
Tasmanian Health Organisations Act 2011
Act No. of
s. 27 Part 3 - Governing Councils of Tasmanian Health Organisations
(4) Schedule 5 has effect with respect to the
membership and meetings of an audit and risk
subcommittee.
27. Other subcommittees
(1) The governing council of a Tasmanian Health
Organisation may establish any subcommittee,
consisting of members of the governing council,
that it considers appropriate to provide advice to
the governing council in relation to -
(a) the functions and powers of the
organisation; and
(b) the functions and powers of the
governing council; and
(c) the functions and powers of the chief
executive officer of the organisation.
(2) The governing council of a Tasmanian Health
Organisation may refer to a subcommittee
established by the organisation under
subsection (1) a matter relating to a function or
power mentioned in that subsection.
(3) A subcommittee established under subsection (1)
by the governing council of a Tasmanian Health
Organisation is to provide advice to the
governing council in respect of -
(a) any matter for the purposes of which the
subcommittee was established; or
40
Tasmanian Health Organisations Act 2011
Act No. of
Part 3 - Governing Councils of Tasmanian Health Organisations s. 27
(b) any matter referred to it by the governing
council under subsection (2).
(4) Schedule 5 has effect with respect to the
membership and meetings of a subcommittee
established under subsection (1).
41
Tasmanian Health Organisations Act 2011
Act No. of
s. 28 Part 4 - Operation of Tasmanian Health Organisations
PART 4 - OPERATION OF TASMANIAN HEALTH
ORGANISATIONS
Division 1 - Staffing
28. Chief executive officer
(1) Subject to and in accordance with the State
Service Act 2000, a person may be appointed as
the chief executive officer of a Tasmanian
Health Organisation.
(2) The chief executive officer of a Tasmanian
Health Organisation is to be appointed in
accordance with subsection (1) on the
recommendation of the governing council of the
organisation.
(3) The office of the chief executive officer of a
Tasmanian Health Organisation is taken to be an
office created under section 29 of the State
Service Act 2000.
(4) A person is not to be appointed for a period of
more than 5 years as the chief executive officer
of a Tasmanian Health Organisation.
(5) Despite subsection (4), a person may be re-
appointed as the chief executive officer of a
Tasmanian Health Organisation.
(6) The remuneration payable to the chief executive
officer of a Tasmanian Health Organisation in
accordance with the State Service Act 2000 is to
be determined under that Act after consultation
with the governing council of the organisation.
42
Tasmanian Health Organisations Act 2011
Act No. of
Part 4 - Operation of Tasmanian Health Organisations s. 29
29. Powers and functions of chief executive officer
(1) The chief executive officer of a Tasmanian
Health Organisation is responsible for the
administration and management of the operation
of the organisation.
(2) The chief executive officer of a Tasmanian
Health Organisation is accountable to the
governing council of the organisation for the
performance of his or her responsibilities or
functions, and the exercise of his or her powers,
under this Act.
(3) The chief executive officer of a Tasmanian
Health Organisation -
(a) must perform any responsibilities or
functions, and exercise any powers,
imposed on him or her by or under this
or any other Act; and
(b) may perform any functions, and exercise
any powers, delegated to him or her by
the governing council of the
organisation; and
(c) may exercise any other powers granted to
him or her by or under this or any other
Act.
30. Employees
Subject to and in accordance with the State
Service Act 2000, persons may be employed or
43
Tasmanian Health Organisations Act 2011
Act No. of
s. 31 Part 4 - Operation of Tasmanian Health Organisations
appointed for the purposes of a Tasmanian
Health Organisation.
Division 2 - Financial matters
31. Funds of Tasmanian Health Organisations
(1) The funds of a Tasmanian Health Organisation
consist of -
(a) any money received from the
Commonwealth or the State, whether
directly or through an authority
established under an enactment of the
Commonwealth or the State; and
(b) any money received by the organisation
as fees or charges; and
(c) any money otherwise received by the
organisation in the course of performing
its functions or exercising its powers; and
(d) any money received by the organisation
as a gift, donation or bequest; and
(e) any money received by the organisation
from any other source.
(2) The funds of a Tasmanian Health Organisation
are to be applied -
(a) in remunerating the relevant officers in
respect of the organisation; and
44
Tasmanian Health Organisations Act 2011
Act No. of
Part 4 - Operation of Tasmanian Health Organisations s. 31
(b) in payment or discharge of the expenses,
charges and obligations incurred or
undertaken by the organisation, or the
governing council of the organisation, in
the performance and exercise of the
functions and powers of the organisation
or governing council.
(3) For the purposes of subsection (2)(a), the
relevant officers in respect of a Tasmanian
Health Organisation are -
(a) the members of the governing council of
the organisation; and
(b) the chief executive officer of the
organisation; and
(c) any employees of the organisation; and
(d) any committee member in respect of a
subcommittee of the organisation; and
(e) any ministerial representative appointed
to the governing council of the
organisation; and
(f) any interim chairperson appointed for the
organisation under clause 2 of
Schedule 6; and
(g) an administrator or deputy administrator
in respect of the organisation.
45
Tasmanian Health Organisations Act 2011
Act No. of
s. 32 Part 4 - Operation of Tasmanian Health Organisations
32. Authorised deposit-taking institution accounts
A Tasmanian Health Organisation, with the
approval in writing of the Treasurer, may open
and maintain the authorised deposit-taking
institution accounts that it considers necessary.
33. Accounting records
(1) The governing council of a Tasmanian Health
Organisation is to ensure that -
(a) accounting records that correctly record
and explain the transactions (including
any transactions as trustee) and financial
position of the organisation are kept; and
(b) those records are kept in a manner that -
(i) allows true and fair accounts of
the organisation to be prepared
from time to time; and
(ii) allows the accounts of the
organisation to be conveniently
and properly audited or reviewed;
and
(iii) complies with the Treasurer's
Instructions; and
(iv) complies with any directions of
the Treasurer given under
subsection (2); and
46
Tasmanian Health Organisations Act 2011
Act No. of
Part 4 - Operation of Tasmanian Health Organisations s. 34
(c) those records are retained for a period of
not less than 7 years after the completion
of the transaction to which they relate or
another longer period that the Treasurer
determines.
(2) The Treasurer may give directions in writing to
the governing council of a Tasmanian Health
Organisation in relation to the manner or form in
which accounting records are to be kept.
34. Financial statements
(1) The financial statements of a Tasmanian Health
Organisation in respect of a financial year are to
be prepared in accordance with the Financial
Management and Audit Act 1990, the
Treasurer's Instructions and any other law that
applies to such organisations.
(2) The financial statements are to comply with any
direction given under subsection (3).
(3) The Treasurer, in writing, may give directions to
the governing council of a Tasmanian Health
Organisation in respect of the form of the
financial statements.
35. Treasurer's Instructions
(1) The Treasurer, by notice in writing to a
Tasmanian Health Organisation, may modify the
application to the organisation of the Treasurer's
Instructions, issued under the Financial
47
Tasmanian Health Organisations Act 2011
Act No. of
s. 35 Part 4 - Operation of Tasmanian Health Organisations
Management and Audit Act 1990, that, under
that Act, apply to and in relation to a Tasmanian
Health Organisation as an Agency within the
meaning of that Act.
(2) If the Treasurer issues a notice under
subsection (1) to a Tasmanian Health
Organisation modifying the application to the
organisation of the Treasurer's Instructions
issued under the Financial Management and
Audit Act 1990, the Treasurer's Instructions that
apply to and in relation to the organisation under
that Act are to be taken to be, for the purposes of
this Act and the Financial Management and
Audit Act 1990, modified in accordance with the
notice.
(3) The Treasurer may issue instructions, in writing,
in respect of guidelines, principles, practices and
procedures to be observed by Tasmanian Health
Organisations, governing councils or audit and
risk subcommittees, in relation to -
(a) corporate plans; and
(b) annual reports; and
(c) financial management; and
(d) any other prescribed matter.
(4) Without limiting the generality of subsection (3),
Treasurer's Instructions in respect of corporate
plans may specify that the corporate plan of a
Tasmanian Health Organisation must specify the
organisation's objectives, policies and programs.
48
Tasmanian Health Organisations Act 2011
Act No. of
Part 4 - Operation of Tasmanian Health Organisations s. 35
(5) Treasurer's Instructions may be issued in
accordance with subsection (3) -
(a) so as to apply -
(i) at all times or at a time specified
in the Treasurer's Instructions; or
(ii) to all Tasmanian Health
Organisations, governing
councils or audit and risk
subcommittees or to the
Tasmanian Health Organisations,
governing councils or audit and
risk subcommittees specified in
the Treasurer's Instructions; and
(b) so as to confer a discretionary authority
on a person or body, or a class of persons
or bodies, specified in the Treasurer's
Instructions.
(6) It is the duty of a member of the governing
council of a Tasmanian Health Organisation, the
chief executive officer of a Tasmanian Health
Organisation and any employee of a Tasmanian
Health Organisation to comply with -
(a) any requirement of the Treasurer's
Instructions referred to in subsection (1)
that is applicable to that organisation;
and
(b) any requirement of the Treasurer's
Instructions issued in accordance with
subsection (3) that is applicable to that
organisation.
49
Tasmanian Health Organisations Act 2011
Act No. of
s. 36 Part 4 - Operation of Tasmanian Health Organisations
(7) If there is an inconsistency between the
Treasurer's Instructions issued in accordance
with subsection (3) and the Treasurer's
Instructions referred to in subsection (1)
(including such instructions the application of
which is modified in accordance with
subsection (1)) -
(a) the Treasurer's Instructions issued in
accordance with subsection (3) prevail,
in relation to a Tasmanian Health
Organisation, to the extent of the
inconsistency; and
(b) the Treasurer's Instructions that apply to
and in relation to the organisation under
the Financial Management and Audit Act
1990 (including such instructions the
application of which is modified in
accordance with subsection (1)) are to be
taken to be, for the purposes of that Act,
not applicable to and in relation to the
organisation, to the extent of the
inconsistency.
36. Matters relating to Audit Act 2008
For the purposes of section 19 of the Audit Act
2008, a reference in that section to the relevant
Minister is to be taken to be a reference to the
responsible Ministers.
50
Tasmanian Health Organisations Act 2011
Act No. of
Part 4 - Operation of Tasmanian Health Organisations s. 37
37. Effect of Financial Agreement Act 1994
If the Treasurer, under section 5(1) of the
Financial Agreement Act 1994, requires a
Tasmanian Health Organisation to do or refrain
from doing anything for the purpose of
implementing the Agreement, within the
meaning of that Act, the organisation must
comply with that requirement.
Division 3 - Operational matters
38. Certain services, &c., to be used by Tasmanian
Health Organisation
(1) The Minister, by notice in writing to a
Tasmanian Health Organisation, may direct the
organisation to ensure that -
(a) certain administrative functions that are
required to be performed, or that the
organisation requires to have performed,
be performed by the State Service
Agency, unit of administration, person or
body specified in the direction; and
(b) certain health services and health support
services that the organisation is required
to provide in the performance of its
functions are provided by the State
Service Agency, unit of administration,
person or body specified in the direction;
and
51
Tasmanian Health Organisations Act 2011
Act No. of
s. 38 Part 4 - Operation of Tasmanian Health Organisations
(c) the organisation enters into particular
contracts or arrangements, including
financial arrangements, specified in the
direction in relation to -
(i) insurance or indemnifying the
organisation; or
(ii) any other matter that the Minister
specifies in the direction; or
(iii) any other matter that may be
prescribed.
(2) A Tasmanian Health Organisation to which a
direction is given under subsection (1) must
comply with the direction.
52
Tasmanian Health Organisations Act 2011
Act No. of
Part 5 - Ministerial Guidance and Direction s. 39
PART 5 - MINISTERIAL GUIDANCE AND
DIRECTION
Division 1 - Ministerial charters
39. Ministerial charters
(1) The responsible Ministers must issue a
ministerial charter for a Tasmanian Health
Organisation.
(2) A ministerial charter is to be in writing and
signed by the responsible Ministers.
(3) The responsible Ministers, at any time at their
discretion, may amend or revoke a ministerial
charter for a Tasmanian Health Organisation.
(4) The responsible Ministers, at the request of a
Tasmanian Health Organisation, may amend or
revoke the organisation's ministerial charter.
(5) An amendment or revocation of a ministerial
charter is to be in writing and signed by the
responsible Ministers.
(6) The responsible Ministers must provide to the
governing council of a Tasmanian Health
Organisation -
(a) a copy of the organisation's ministerial
charter; and
(b) a copy of an amendment or revocation of
the ministerial charter for the
organisation.
53
Tasmanian Health Organisations Act 2011
Act No. of
s. 39 Part 5 - Ministerial Guidance and Direction
(7) The responsible Ministers must consult with the
governing council of a Tasmanian Health
Organisation before or while preparing -
(a) a ministerial charter for the organisation;
or
(b) an amendment or revocation of the
organisation's ministerial charter.
(8) A Tasmanian Health Organisation's ministerial
charter, or any amendment or revocation of a
Tasmanian Health Organisation's ministerial
charter, takes effect on a day specified in the
charter, amendment or revocation, as the case
may be.
(9) A day specified in a charter, amendment or
revocation as the day in which the charter,
amendment or revocation takes effect is to be a
day not earlier than the day on which a copy of
the charter, amendment or revocation is provided
to the governing council of the Tasmanian
Health Organisation.
(10) The responsible Ministers must cause a copy of a
ministerial charter, and any amendment or
revocation of a ministerial charter, to be laid
before each House of Parliament within 10
sitting-days of that House after the charter,
amendment or revocation, as the case may be,
has been signed by the responsible Ministers.
54
Tasmanian Health Organisations Act 2011
Act No. of
Part 5 - Ministerial Guidance and Direction s. 40
40. Contents of ministerial charters
(1) A Tasmanian Health Organisation's ministerial
charter is to specify the responsible Ministers'
broad policy expectations for the Tasmanian
Health Organisation.
(2) A Tasmanian Health Organisation's ministerial
charter may limit the functions and powers of the
organisation and the performance and exercise of
those functions and powers.
(3) A Tasmanian Health Organisation's ministerial
charter -
(a) despite subsection (2), may not prevent
the organisation from -
(i) performing a function, or
exercising a power, that the
organisation must, under this or
any other Act, perform or
exercise; or
(ii) otherwise complying with any
Act; and
(b) may not extend the functions and powers
of the organisation.
41. Compliance with ministerial charters
(1) The governing council of a Tasmanian Health
Organisation must ensure that the business and
affairs of the organisation are conducted in a
55
Tasmanian Health Organisations Act 2011
Act No. of
s. 42 Part 5 - Ministerial Guidance and Direction
manner that is consistent with the organisation's
ministerial charter.
(2) If a Tasmanian Health Organisation's ministerial
charter and its service agreement are
inconsistent, the service agreement prevails to
the extent of the inconsistency.
Division 2 - Ministerial policy and directions
42. Ministerial policy
(1) The Minister, by notice in writing to all
Tasmanian Health Organisations, may require
the implementation by the organisations of a
policy, specified in the notice, that is to apply to
all such organisations in respect of a function or
power of Tasmanian Health Organisations.
(2) A Tasmanian Health Organisation must
implement a policy specified in a notice to the
organisation under subsection (1).
(3) If a policy specified in a notice to a Tasmanian
Health Organisation under subsection (1) and the
organisation's service agreement are
inconsistent, the service agreement prevails to
the extent of the inconsistency.
43. Ministerial directions
(1) After consulting with the governing council of a
Tasmanian Health Organisation, the responsible
56
Tasmanian Health Organisations Act 2011
Act No. of
Part 5 - Ministerial Guidance and Direction s. 43
Ministers, by notice in writing, may give the
governing council directions in relation to -
(a) the functions and powers of the
organisation; or
(b) the functions and powers of the
governing council.
(2) A direction given under subsection (1) may not
refer to the health care or health services
provided to a particular person.
(3) A direction given under subsection (1) to the
governing council of a Tasmanian Health
Organisation -
(a) may not prevent the organisation or the
governing council from -
(i) performing a function, or
exercising a power, that the
organisation or governing council
must, under this or any other Act,
perform or exercise; or
(ii) otherwise complying with any
Act; and
(b) may not extend the functions and powers
of the organisation or the governing
council.
(4) The governing council of a Tasmanian Health
Organisation and the organisation's chief
executive officer must comply with any direction
57
Tasmanian Health Organisations Act 2011
Act No. of
s. 44 Part 5 - Ministerial Guidance and Direction
given to the governing council under
subsection (1) by the responsible Ministers.
(5) If a direction given under subsection (1) to the
governing council of a Tasmanian Health
Organisation and the organisation's service
agreement are inconsistent, the service
agreement prevails to the extent of the
inconsistency.
Division 3 - Service agreements
44. Minister and Tasmanian Health Organisations to
enter into service agreements
(1) There is to be, in respect of a Tasmanian Health
Organisation, before 30 June in a year, a service
agreement for the following financial year
between the Minister and the governing council
of the organisation.
(2) If the Minister and the governing council of a
Tasmanian Health Organisation are, before 30
June in a year, able to agree as to the contents of
the service agreement in respect of the
organisation for the following financial year, the
service agreement for that financial year is to be
as agreed.
(3) If the Minister and the governing council of a
Tasmanian Health Organisation are not, before
30 June in a year, able to agree as to the contents
of the service agreement in respect of the
organisation for the following financial year, the
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service agreement for that financial year is to be
as determined by the Minister.
(4) A service agreement in respect of a Tasmanian
Health Organisation for a financial year may, at
any time before or during the financial year, be
amended by agreement in writing between the
Minister and the governing council of the
organisation.
(5) A service agreement in respect of a Tasmanian
Health Organisation for a financial year may be
amended by notice in writing by the Minister to
the organisation, if the Minister and the
organisation are unable to agree as to the
amendment.
45. Contents of service agreements
(1) A service agreement in respect of a Tasmanian
Health Organisation must include -
(a) a schedule of services to be provided by
or on behalf of the organisation and the
funding to be provided in relation to the
provision of those services; and
(b) performance standards, performance
targets and performance measures for the
organisation; and
(c) standards of patient care and service
delivery; and
(d) requirements for the organisation to
report on its performance, as required by
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s. 45 Part 5 - Ministerial Guidance and Direction
or under another provision of this Act or
otherwise; and
(e) a performance management process that
is to be in continuous operation in
respect of the organisation.
(2) A service agreement in respect of a Tasmanian
Health Organisation may include provisions in
respect of a matter, relating to the functions or
powers of such an organisation, that the Minister
thinks fit and specifies in the agreement.
(3) Despite subsection (2), a provision of a service
agreement in respect of a Tasmanian Health
Organisation -
(a) may not prevent the organisation from -
(i) performing a function, or
exercising a power, that the
organisation must, under this or
any other Act, perform or
exercise; or
(ii) otherwise complying with any
Act; and
(b) may not extend the functions and powers
of the organisation.
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Act No. of
Part 6 - Governing Council Plans and Reports s. 46
PART 6 - GOVERNING COUNCIL PLANS AND
REPORTS
Division 1 - Corporate plans
46. Corporate plans
(1) The governing council of a Tasmanian Health
Organisation must provide to the responsible
Ministers a draft of a corporate plan for the
organisation not later than 90 days before the
day on which it is intended that the corporate
plan will take effect.
(2) A Tasmanian Health Organisation's corporate
plan must -
(a) relate to the period specified in the
Treasurer's Instructions issued under
section 35(3) in relation to corporate
plans as the period to which a corporate
plan is to relate; and
(b) be in the form specified, in the
Treasurer's Instructions issued under
section 35(3) in relation to corporate
plans, as the form in which corporate
plans are to be kept; and
(c) contain the information specified, in the
Treasurer's Instructions issued under
section 35(3) in relation to corporate
plans, as the information required to be
contained in a corporate plan, including
but not limited to any information,
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specified in those instructions, as to the
organisation's objectives, policies and
programs; and
(d) be consistent with the organisation's
ministerial charter.
(3) The responsible Ministers may authorise the
governing council of a Tasmanian Health
Organisation to provide to them the draft of a
corporate plan under subsection (1) by a day that
is after the end of the 90-day period referred to
in that subsection.
(4) If the governing council of a Tasmanian Health
Organisation provides a draft corporate plan to
the responsible Ministers under subsection (1),
the responsible Ministers may -
(a) approve the draft corporate plan; or
(b) by notice in writing to the organisation,
advise the organisation that the Ministers
require the amendments specified in the
notice to be made to the draft corporate
plan.
(5) The responsible Ministers may only approve
under subsection (4) a draft corporate plan
provided to them under subsection (1) if the draft
corporate plan complies with subsection (2).
(6) A corporate plan takes effect -
(a) on the first day of the financial year next
commencing after its approval by the
responsible Ministers; or
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(b) if a day for its commencement is
specified in that approval, on that day.
47. Amendments to corporate plans
(1) The governing council of a Tasmanian Health
Organisation may, at any time, provide to the
responsible Ministers an amendment to the
organisation's corporate plan.
(2) An amendment to a corporate plan may be, but is
not required to be, in the form of a new
corporate plan that replaces the existing
corporate plan.
(3) If the governing council of a Tasmanian Health
Organisation provides to the responsible
Ministers an amendment to a corporate plan
under subsection (1), the responsible Ministers
may -
(a) approve the amendment; or
(b) by notice in writing to the organisation,
advise the organisation that the Ministers
require the amendments specified in the
notice to be made to the amendment to
the corporate plan.
(4) The responsible Ministers may only approve an
amendment to a corporate plan provided to them
under subsection (1) if the corporate plan, as so
amended, will comply with section 46(2).
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(5) An amendment to a corporate plan provided to
the responsible Ministers under subsection (1)
takes effect -
(a) when it has been approved by the
responsible Ministers; or
(b) if a day for its commencement is
specified in the approval of the
responsible Ministers, on that day.
(6) The approval of an amendment to a corporate
plan may specify that the amendment is to take
effect on -
(a) the day when it has been approved by the
responsible Ministers; or
(b) a day that is later than the day when the
amendment has been approved by the
responsible Ministers; or
(c) a day that is earlier than the day when the
amendment has been approved by the
responsible Ministers.
48. Tasmanian Health Organisations to operate in
accordance with corporate plans
(1) Except if the responsible Ministers approve
otherwise under subsection (2), a Tasmanian
Health Organisation must -
(a) act in accordance with the organisation's
corporate plan; and
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(b) ensure that a subsidiary of the
organisation acts in accordance with the
organisation's corporate plan.
(2) The responsible Ministers, by notice in writing
to a Tasmanian Health Organisation, may
approve the Tasmanian Health Organisation, or a
subsidiary of the Tasmanian Health
Organisation, acting, after the notice is given,
otherwise than in accordance with the
organisation's corporate plan.
49. Ministers to be notified if development may affect
achievement of corporate plan, &c.
The governing council of a Tasmanian Health
Organisation is to notify the responsible
Ministers, as soon as practicable, of any
developments that, in the opinion of the
governing council, may -
(a) prevent or significantly affect the
achievement of the objectives specified
in the organisation's corporate plan; or
(b) significantly affect any other policy or
program specified in the organisation's
corporate plan.
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s. 50 Part 6 - Governing Council Plans and Reports
Division 2 - Annual business plans
50. Annual business plans
(1) The governing council of a Tasmanian Health
Organisation is to produce, within 30 days after
it enters into a service agreement for a financial
year, the organisation's annual business plan for
the financial year.
(2) A Tasmanian Health Organisation's annual
business plan for a financial year is to set out -
(a) how the Tasmanian Health Organisation
intends to meet the requirements of the
organisation's service agreement during
that financial year; and
(b) a budget specifying how the
organisation's funds are to be expended
to meet the requirements of the
organisation's service agreement during
that financial year.
(3) Subsection (2) does not limit the matters that
may be included in a Tasmanian Health
Organisation's annual business plan.
(4) A Tasmanian Health Organisation is to provide
to the responsible Ministers a copy of the
organisation's annual business plan as soon as
practicable after the plan is produced under
subsection (1).
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51. Tasmanian Health Organisations to operate in
accordance with annual business plans
A Tasmanian Health Organisation must -
(a) act in accordance with its annual
business plan; and
(b) ensure that a subsidiary of the
organisation acts in accordance with the
organisation's annual business plan.
Division 3 - Reports
52. Progress reports
(1) In this section -
"progress reports", in relation to a
Tasmanian Health Organisation, means
reports as to the extent to which the
organisation is meeting the requirements
of the organisation's annual business
plan.
(2) A responsible Minister, by notice in writing to a
Tasmanian Health Organisation, may
determine -
(a) the progress reports that the Minister
requires the organisation to provide to
him or her; and
(b) the dates by which the organisation is to
provide progress reports to him or her.
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(3) A Tasmanian Health Organisation is to comply
with the requirements of a notice given to the
organisation under subsection (2).
53. Annual reports
(1) The governing council of a Tasmanian Health
Organisation must ensure that an annual report
for the immediately previous financial year is
prepared in respect of the organisation.
(2) The annual report in respect of a Tasmanian
Health Organisation for a financial year is to
include -
(a) the organisation's financial statements,
for the financial year, prepared in
accordance with section 34; and
(b) a copy of the Auditor-General's report, in
respect of the financial statements, that is
provided under section 19 of the Audit
Act 2008 to the organisation's governing
council; and
(c) a summary of the organisation's
corporate plan; and
(d) a report on the organisation's operations;
and
(e) a report on the organisation's
performance; and
(f) the details of any directions given to the
organisation by a Minister under this Act
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and any action taken by the governing
council of the organisation in respect of
those directions; and
(g) any other information a responsible
Minister requires under subsection (4),
including but not limited to information
relating to the members of the governing
council of the organisation, its chief
executive officer and its employees; and
(h) any other information the governing
council of the organisation considers is
appropriate or necessary to properly
inform the responsible Ministers and the
Parliament as to the performance and
progress of the organisation.
(3) The governing council of a Tasmanian Health
Organisation is to certify an annual report for a
financial year in respect of the organisation and
to provide a copy of it to the responsible
Ministers by 30 September of the year in which
the report is prepared.
(4) A responsible Minister, by notice in writing to
the governing council of a Tasmanian Health
Organisation, may require the council to include
in the annual report in respect of the organisation
the information specified in the notice.
54. Tabling of annual reports
(1) The Minister is to lay, before each House of
Parliament, a copy of a Tasmanian Health
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s. 54 Part 6 - Governing Council Plans and Reports
Organisation's annual report that is provided to
the Minister under section 53, within 4 months
after the end of the financial year to which the
annual report relates.
(2) If the Minister is unable to comply with
subsection (1) for any reason other than that a
House of Parliament is not sitting at the
expiration of the period specified in that
subsection, the Minister, before the expiration of
that period, is to lay before each House of
Parliament a statement specifying -
(a) the reasons for the failure to comply with
that subsection; and
(b) an estimate of the day by which a copy of
the annual report may be ready to be laid
before each House of Parliament.
(3) If the Minister is unable to lay a copy of the
annual report before a House of Parliament
within the period specified in subsection (1), or
by the day specified in a statement referred to in
subsection (2), because either House of
Parliament is not sitting at the expiration of that
period or on that day, the Minister is to -
(a) provide a copy of the annual report to the
Clerk of that House of Parliament
immediately after the expiration of that
period or that day; and
(b) lay a copy of the annual report before
that House within the next 7 sitting-days
of that House.
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Part 6 - Governing Council Plans and Reports s. 55
55. Annual report under State Service Act 2000 not
required
Section 36 of the State Service Act 2000 does not
apply in relation to a Tasmanian Health
Organisation.
56. Minister may request reports
(1) A responsible Minister, by notice in writing to a
Tasmanian Health Organisation, may require the
organisation to provide -
(a) to a person or body specified in the
notice; and
(b) within the period specified in the notice -
a report in relation to the relevant information,
specified in the notice, that the Minister requires
for the purposes of this Act.
(2) A notice under subsection (1) may require
reports under that subsection to be given
regularly within the particular periods set in the
notice.
(3) For the purposes of subsection (1), the relevant
information in respect of a Tasmanian Health
Organisation is -
(a) plans, reports, or financial statements
(including audited financial statements),
in respect of the organisation; and
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(b) any other information in respect of the
organisation or its operations, other than
information that identifies, or may
identify, a person to whose health the
information relates.
(4) A Tasmanian Health Organisation is to comply
with the requirements of a notice given to the
organisation under subsection (1).
(5) Nothing in this section is to be taken to limit the
provision of information by a Tasmanian Health
Organisation.
57. Governing council to notify responsible Ministers of
developments affecting financial viability, &c.
The governing council of a Tasmanian Health
Organisation is to notify the responsible
Ministers as soon as practicable of any
developments that, in the opinion of the
governing council, may significantly affect the
financial viability or operating ability of the
organisation.
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Act No. of
Part 7 - Performance Management of Tasmanian Health Organisations s. 58
PART 7 - PERFORMANCE MANAGEMENT OF
TASMANIAN HEALTH ORGANISATIONS
Division 1 - Review and audit
58. Review and audit
(1) The Minister, at any time, may authorise a
person or persons to conduct a review or audit of
any aspect of the operations or performance of a
Tasmanian Health Organisation.
(2) A member of the governing council, the chief
executive officer, and an employee, of a
Tasmanian Health Organisation must provide all
reasonable assistance to a person authorised
under subsection (1) to conduct a review or audit
of the operations or performance of the
organisation.
Division 2 - What constitutes unsatisfactory performance
59. Unsatisfactory performance
For the purposes of this Part, a Tasmanian
Health Organisation is performing
unsatisfactorily if the Minister is of the opinion
that -
(a) the organisation has failed to meet the
requirements of the organisation's
service agreement or its corporate plan;
or
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(b) the organisation, or the governing
council of the organisation, has not been
performing its functions, or exercising its
powers, in a satisfactory manner.
Division 3 - Performance improvement plans
60. Minister may require governing council to produce
performance improvement plans
(1) The Minister, by notice in writing to the
governing council of a Tasmanian Health
Organisation, may require the governing council
to produce a performance improvement plan, if
the organisation is performing unsatisfactorily.
(2) A notice under subsection (1) to the governing
council of a Tasmanian Health Organisation -
(a) is to specify -
(i) the requirements of the
organisation's service agreement
or corporate plan that are not
being met; or
(ii) the functions or powers of the
organisation or governing council
that are not being performed or
exercised in a satisfactory
manner; and
(b) is to require the governing council to
prepare a performance improvement
plan; and
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Part 7 - Performance Management of Tasmanian Health Organisations s. 61
(c) is to specify any matters that the Minister
requires the performance improvement
plan to contain; and
(d) is to specify the reports that are to be
submitted to the Minister in relation to
the carrying out of the performance
improvement plan, if the plan is
approved, and the dates by which those
reports are to be submitted; and
(e) is to specify a date by which the
performance improvement plan is to be
submitted to the Minister for his or her
approval.
61. Performance improvement plans
(1) A performance improvement plan under
section 60(1) in relation to a Tasmanian Health
Organisation is to specify -
(a) the steps the governing council of the
organisation intends to take that, if
implemented, will ensure that -
(i) the requirements of the
organisation's service agreement
or corporate plan; or
(ii) the functions or powers of the
organisation or governing
council -
that are specified in accordance with
section 60(2)(a) in the notice to the
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s. 61 Part 7 - Performance Management of Tasmanian Health Organisations
council under section 60(1), are met or
performed or exercised in a satisfactory
manner; and
(b) the date by which the steps are to be
implemented; and
(c) the performance measures that are to be
set and achieved so that the Minister is
able to determine whether -
(i) the requirements of the service
agreement or corporate plan are
being met; or
(ii) the functions or powers of the
organisation or governing council
are being performed or exercised
in a satisfactory manner.
(2) The governing council of a Tasmanian Health
Organisation to which a notice under
section 60(1) is issued must, by the date
specified in the notice under section 60(2)(e),
submit a performance improvement plan to the
Minister for his or her approval.
(3) If a performance improvement plan is submitted
to the Minister under subsection (2) by a
Tasmanian Health Organisation, the Minister
may by notice in writing to the organisation -
(a) approve the plan; or
(b) advise the organisation that the Minister
requires the amendments specified in the
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Part 7 - Performance Management of Tasmanian Health Organisations s. 62
notice to be made to the plan by the date
specified in the notice.
(4) If the Minister issues to a Tasmanian Health
Organisation a notice under subsection (3)
requiring amendments to be made to a
performance improvement plan, the organisation
must, by the date specified in the notice, submit
to the Minister for approval a performance
improvement plan amended as required by the
notice.
62. Governing councils, &c., to comply with
performance improvement plans
The governing council and the chief executive
officer of a Tasmanian Health Organisation to
which a performance improvement plan that has
been approved under section 61(3)(a) relates are
to comply with the requirements of the plan.
Division 4 - Ministerial representatives
63. Minister may appoint ministerial representatives to
governing councils
(1) The Minister, by instrument in writing, may
appoint not more than 2 ministerial
representatives to the governing council of a
Tasmanian Health Organisation.
(2) The Minister may only appoint a ministerial
representative under subsection (1) to the
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governing council of a Tasmanian Health
Organisation if -
(a) the organisation is performing
unsatisfactorily; and
(b) the Minister is of the opinion that the
appointment of a ministerial
representative will assist the governing
council to improve the performance of
the organisation.
(3) In determining whether to appoint a ministerial
representative under subsection (1) to the
governing council of a Tasmanian Health
Organisation, the Minister must have regard to -
(a) the financial performance of the
organisation; and
(b) the safety and quality of the health
services, and other services, provided by
or on behalf of the organisation; and
(c) whether the organisation is complying
with its service agreement or corporate
plan; and
(d) whether the governing council has
requested such an appointment.
(4) The Minister may appoint a ministerial
representative to the governing council of a
Tasmanian Health Organisation whether or not
the governing council has requested such an
appointment.
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(5) The Minister must give notice to the governing
council of a Tasmanian Health Organisation of
the appointment of a ministerial representative to
the governing council.
(6) A ministerial representative appointed to the
governing council of a Tasmanian Health
Organisation is not a member of the governing
council.
64. Terms of appointment of ministerial representatives
(1) The instrument of appointment of a ministerial
representative to the governing council of a
Tasmanian Health Organisation -
(a) must specify the terms and conditions of
appointment of the ministerial
representative; and
(b) subject to subsection (6), may specify the
remuneration, if any, to which the
ministerial representative is entitled.
(2) Subject to subsections (7) and (8), a ministerial
representative holds office for the period
specified in his or her instrument of
appointment.
(3) A period specified in the instrument of
appointment of a ministerial representative must
not be more than 12 months.
(4) A person appointed as a ministerial
representative is eligible for re-appointment.
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(5) A ministerial representative is entitled to be
reimbursed any reasonable expenses incurred in
performing his or her functions as a ministerial
representative.
(6) A ministerial representative who is a State
Service officer or State Service employee is not
entitled to remuneration under this clause except
with the approval of the Minister administering
the State Service Act 2000.
(7) A ministerial representative may resign his or
her office by notice in writing signed by him or
her and delivered to the Minister.
(8) The Minister, in writing, may revoke the
appointment of a person as a ministerial
representative.
65. Functions of ministerial representatives
The functions of a ministerial representative
appointed to the governing council of a
Tasmanian Health Organisation are -
(a) to attend meetings of the governing
council and observe its decision-making
processes; and
(b) to provide advice or information to the
governing council to assist it in
understanding its obligations under this
or any other Act; and
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(c) to advise the Minister and the Secretary
on any matter relating to the organisation
or the governing council; and
(d) to assist the governing council to meet
the requirements of the organisation's
performance improvement plan, if any.
66. Obligations of governing councils to ministerial
representatives
The governing council of a Tasmanian Health
Organisation must -
(a) permit a ministerial representative
appointed to the governing council to
attend any meeting of the governing
council; and
(b) provide to a ministerial representative
appointed to the governing council
information, or a copy of any notice or
other document provided to the members
of the governing council, at the same
time as the information, notice or other
document is provided to the members.
Division 5 - Performance improvement teams
67. Minister may appoint performance improvement
teams
(1) The Minister, by notice in writing to the
governing council of a Tasmanian Health
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Organisation, may declare that a performance
improvement team has been appointed in respect
of the organisation.
(2) The Minister may only declare that a
performance improvement team has been
appointed in respect of a Tasmanian Health
Organisation if the organisation is performing
unsatisfactorily.
(3) A notice under subsection (1) in relation to a
Tasmanian Health Organisation is to specify -
(a) the requirements of the service
agreement or corporate plan that are not
being met or the functions or powers of
the organisation, or of the governing
council of the organisation, that are not
being performed or exercised in a
satisfactory manner; and
(b) why the appointment of the performance
improvement team is necessary; and
(c) the period for which the performance
improvement team is to be in existence;
and
(d) the functions or powers of the
organisation, or governing council, that
the team is to perform or exercise, in
order to ensure that -
(i) the requirements of the
organisation's service agreement
or corporate plan that are not
being met will be met; or
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(ii) the functions or powers of the
organisation or governing council
that are not being performed or
exercised satisfactorily will be
performed or exercised
satisfactorily.
(4) The Minister is to appoint one or more persons
to be members of a performance improvement
team.
(5) A person may only be appointed under
subsection (4) if the person is a State Service
officer or a State Service employee.
(6) The members of a performance improvement
team in respect of a Tasmanian Health
Organisation have the functions and powers of
the organisation, or of the governing council of
the organisation, that are specified in the notice
under subsection (1) in which the appointment of
the team is declared.
68. Assistance to be provided to performance
improvement teams
(1) The governing council of a Tasmanian Health
Organisation in relation to which a performance
improvement team is appointed under section 67
must provide to a member of the team appointed
under section 67(4) the assistance necessary to
enable the team to perform the team's functions,
and exercise the team's powers, under this Act.
(2) A person must not, without reasonable excuse -
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(a) refuse to assist a member of a
performance improvement team
appointed under section 67(4) to perform
a function, or exercise a power, of the
team; or
(b) hinder or obstruct a member of a
performance improvement team
appointed under section 67(4) who is
performing or exercising, or attempting
to perform or exercise, a function or
power of the team.
Penalty: Fine not exceeding 2 000 penalty
units.
Division 6 - Dissolution of governing councils
69. Minister may dissolve governing council
(1) The Minister, by notice in writing to the
governing council of a Tasmanian Health
Organisation, may dissolve the governing
council.
(2) The Minister may only dissolve the governing
council of a Tasmanian Health Organisation
under subsection (1) if the Minister is of the
opinion that -
(a) the governing council has ceased to be
able to perform its responsibilities or
functions, or exercise its powers, in a
satisfactory manner; and
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(b) no other action that the Minister may
take under this Part in relation to the
organisation will enable the governing
council to perform its functions, or
exercise its powers, in a satisfactory
manner.
(3) If the Minister dissolves the governing council
of a Tasmanian Health Organisation under
subsection (1), the Minister is to lay a copy of
the reasons for the dissolution of the council
before each House of Parliament within 21
sitting-days of that House after the dissolution.
(4) If the Minister dissolves the governing council
of a Tasmanian Health Organisation under
subsection (1), the Minister has all the functions
and all the powers of the organisation, until he or
she appoints, if at all, an administrator of the
organisation.
70. Administrators
(1) If the Minister dissolves the governing council
of a Tasmanian Health Organisation under
section 69(1), the Minister may appoint an
administrator of the organisation.
(2) Subject to subsection (3), an administrator of a
Tasmanian Health Organisation appointed under
subsection (1) -
(a) has all the functions and powers of the
governing council of the organisation;
and
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(b) is subject to the provisions of this Act,
apart from section 19, clause 1(1) of
Schedule 3 and clauses 4 and 5 of
Schedule 3, as if he or she were a
member of the governing council.
(3) An administrator of a Tasmanian Health
Organisation appointed under subsection (1)
does not, without the approval in writing of the
Minister, have the power to -
(a) incur expenditure on behalf of the
organisation; or
(b) enter into a contract of or for services
that are to be provided to or on behalf of
the organisation.
71. Deputy administrators
(1) An administrator of a Tasmanian Health
Organisation may appoint persons to be deputy
administrators of the organisation.
(2) A deputy administrator of a Tasmanian Health
Organisation has the functions and powers that
an administrator has under section 70(2).
(3) Section 70(3) applies in relation to a deputy
administrator of a Tasmanian Health
Organisation as if a reference in that subsection
to an administrator were a reference to a deputy
administrator.
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72. Terms of appointment of administrators and deputy
administrators
(1) Subject to this section and section 73, an
administrator or deputy administrator holds
office for the period, and on the conditions,
specified in his or her instrument of
appointment.
(2) An administrator may, at any time, by notice in
writing to the Minister, resign from office as an
administrator.
(3) A deputy administrator of a Tasmanian Health
Organisation may, at any time, by notice in
writing to the administrator of the organisation,
resign from office as a deputy administrator.
(4) The Minister may, at any time, terminate the
appointment of an administrator or a deputy
administrator.
(5) The administrator of a Tasmanian Health
Organisation may, at any time, terminate the
appointment of a deputy administrator of the
organisation.
(6) An administrator, or a deputy administrator, of a
Tasmanian Health Organisation ceases to hold
office on the next appointment of members of
the governing council of the organisation, unless
the Minister determines otherwise.
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73. Disclosure of interest of administrators and deputy
administrators
(1) An administrator, or deputy administrator, of a
Tasmanian Health Organisation who has a
material personal interest in a matter to which -
(a) the performance by him or her of the
functions of the governing council of the
Tasmanian Health Organisation; or
(b) the exercise by him or her of the powers
of the governing council of the
Tasmanian Health Organisation -
may relate must, as soon as practicable after the
relevant facts come to the administrator's
knowledge, disclose to the Minister the nature of
the interest.
Penalty: Fine not exceeding 50 penalty units or
a term of imprisonment not exceeding
3 months, or both.
(2) Subsection (1) does not apply -
(a) in respect of a contract for goods or
services, supplied by a Tasmanian Health
Organisation, if the goods or services are
ordinarily supplied by the Tasmanian
Health Organisation on the same terms as
they are ordinarily supplied to other
persons in the same situation; or
(b) in respect of an interest that arises only
because the administrator or deputy
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administrator is also a State Service
officer or State Service employee.
(3) The Minister, after an administrator of a
Tasmanian Health Organisation discloses to the
Minister a material personal interest in a matter,
is to, by notice in writing to the administrator -
(a) authorise the administrator to continue,
in relation to the matter, to perform a
function, or exercise a power, of the
governing council of the organisation; or
(b) advise the administrator that the
administrator is not to continue in
relation to the matter to perform a
function, or exercise a power, of the
governing council of the organisation; or
(c) terminate under section 72 the
appointment of the administrator.
(4) The Minister, after a deputy administrator of a
Tasmanian Health Organisation discloses to the
Minister a material personal interest in a matter,
is to, by notice in writing to the deputy
administrator -
(a) authorise the deputy administrator to
continue, in relation to the matter, to
perform a function, or exercise a power,
of the governing council of the
organisation; or
(b) advise the deputy administrator that the
deputy administrator is not to continue in
relation to the matter to perform a
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function, or exercise a power, of the
governing council of the organisation; or
(c) terminate under section 72 the
appointment of the deputy administrator.
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PART 8 - MISCELLANEOUS
74. Certain persons disqualified from offices
A person is not eligible to be a chief executive
officer, or a member of the governing council, of
a Tasmanian Health Organisation, or to be
concerned with, or take part in, the management
of a Tasmanian Health Organisation, if, in the
previous 5 years -
(a) the person was convicted of an offence
against this Act; or
(b) the person, having been sentenced to a
term of imprisonment in respect of an
offence against this Act, was released
from prison; or
(c) the person has been convicted of an
offence of dishonesty; or
(d) the person was disqualified from
managing a corporation under Part 2D.6
of the Corporations Act.
75. Indemnity
(1) In this section -
"relevant person" means a member, a chief
executive officer, a delegate of a
Minister, a ministerial representative, an
administrator, a deputy administrator and
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a member of a performance improvement
team appointed under section 67(4).
(2) A relevant person does not incur any personal
liability in respect of any act done, or omitted to
be done, in good faith, in the performance or
exercise, or the purported performance or
exercise, of any function or power of the person
under this Act.
(3) Subsection (2) does not preclude the Crown or a
Tasmanian Health Organisation from incurring
liability that a person would, but for that
subsection, incur.
76. Delegation by Ministers
(1) A Minister may delegate to a State Service
officer or a State Service employee any of the
functions or powers of the Minister under this
Act, other than this power of delegation.
(2) A reference in this section to a function or power
of a Minister includes a reference to a function
or power that the Minister has in conjunction
with another Minister under this Act.
(3) The responsible Ministers may, under
subsection (1), delegate to the same, or a
different, State Service officer or a State Service
employee any of the functions or powers of the
responsible Ministers under this Act, other than
this power of delegation.
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77. Certain instruments are not statutory rules
(1) The following instruments are not statutory rules
within the meaning of the Rules Publication Act
1953:
(a) a notice issued by a Minister, or the
responsible Ministers, under this Act;
(b) a ministerial charter or service agreement
or an amendment of a ministerial charter
or service agreement;
(c) Treasurer's Instructions issued in
accordance with section 35(3).
(2) An instrument referred to in subsection (1) is not
to be taken to be an instrument of a legislative
character for the purposes of section 38A of the
Acts Interpretation Act 1931.
78. Volunteers
A Tasmanian Health Organisation may make use
of the services provided by volunteers.
79. Regulations
(1) The Governor may make regulations for the
purposes of this Act.
(2) Without limiting the generality of subsection (1),
the regulations may prescribe fees that may be
charged by a Tasmanian Health Organisations.
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(3) Regulations may be made so as to apply
differently according to matters, limitations or
restrictions, whether as to time, circumstance or
otherwise, specified in the regulations.
(4) The regulations may authorise any matter to be
from time to time determined, applied, approved
or regulated by the Treasurer or the Minister.
80. Administration of Act
Until provision is made in relation to this Act by
order under section 4 of the Administrative
Arrangements Act 1990 -
(a) the administration of this Act is assigned
to the Minister for Health; and
(b) the department responsible to that
Minister in relation to the administration
of this Act is the Department of Health
and Human Services.
81. Transitional and savings provisions
Schedule 6 has effect.
82. Consequential amendments
The legislation specified in Schedule 7 is
amended as specified in that Schedule.
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SCHEDULE 1 - TASMANIAN HEALTH
ORGANISATIONS
Sections 6 and 8
1. Tasmanian Health Organisation - South
2. Tasmanian Health Organisation - North
3. Tasmanian Health Organisation - North West
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SCHEDULE 2 - OPERATIONAL AREAS OF
TASMANIAN HEALTH ORGANISATIONS
Section 4 and sections 7 and 8
PART 1 - OPERATIONAL AREA OF TASMANIAN
HEALTH ORGANISATION - SOUTH
The southern area.
PART 2 - OPERATIONAL AREA OF TASMANIAN
HEALTH ORGANISATION - NORTH
The northern area.
PART 3 - OPERATIONAL AREA OF TASMANIAN
HEALTH ORGANISATION - NORTH WEST
The north-western area.
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SCHEDULE 3 - MEMBERS OF GOVERNING
COUNCILS
Sections 16, 17 and 18 and section 70
1. Term of office
(1) A member is appointed for the period, of not
more than 3 years, that is specified in the
member's instrument of appointment.
(2) A person who is or has been a member may, if
he or she is eligible under this Act to be a
member, be re-appointed as a member.
(3) Despite subclause (2), a person who is or has
been a member may not be appointed to be a
member for a period of more than 9 years,
whether or not those years are consecutive.
2. Holding of other office
The holder of an office who is required by or
under any Act to devote the whole of his or her
time to the duties of that office is not
disqualified from -
(a) holding that office in conjunction with
the office of a member; or
(b) accepting any remuneration payable to a
member.
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3. State Service Act 2000
(1) The State Service Act 2000 does not apply in
relation to a member in his or her capacity as a
member.
(2) A person may hold the office of member in
conjunction with State Service employment.
4. Remuneration and conditions of employment
(1) A member is entitled to be paid the remuneration
and allowances that the responsible Ministers
determine.
(2) A member who is a State Service officer or State
Service employee is not entitled to remuneration
or allowances under this clause except with the
approval of the Minister administering the State
Service Act 2000.
(3) A member holds office on the conditions in
relation to matters, not provided for by this Act,
that are specified in the member's instrument of
appointment.
5. Vacation of office
(1) A member vacates office if -
(a) he or she dies; or
(b) he or she resigns by notice in writing
signed by him or her and delivered to the
Minister; or
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(c) he or she is removed from office under
this clause; or
(d) the governing council of which he or she
is a member is dissolved under
section 69.
(2) The responsible Ministers, by notice in writing
to a member, may remove the member from
office if the member -
(a) is absent from 3 consecutive meetings of
the governing council without the
permission of the other members; or
(b) becomes bankrupt, applies to take the
benefit of any law for the relief of
bankrupt or insolvent debtors,
compounds with the member's creditors
or makes an assignment of the member's
remuneration or estate for their benefit;
or
(c) is convicted, in Tasmania or elsewhere,
of a crime or offence punishable by
imprisonment for 12 months or longer; or
(d) has been convicted of an offence of
dishonesty; or
(e) is convicted of an offence under this Act;
or
(f) ceases to be eligible under this Act to
hold the office; or
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(g) has benefited from, or claimed to be
entitled to benefit from, a contract made
by or on behalf of the Tasmanian Health
Organisation in respect of which he or
she is a member, other than a contract for
goods or services supplied by the
organisation, if those goods or services
are ordinarily supplied by the
organisation on the same terms as they
are ordinarily supplied to other persons
in the same situation; or
(h) fails to disclose a material personal
interest as required under section 19.
(3) The responsible Ministers, by notice in writing
to a member, may remove the member from
office if satisfied that the member is unable to
perform, or is not performing, adequately or
competently the duties of office.
6. Proceedings, &c., valid despite vacancy, &c., in
office
(1) An act or proceeding of -
(a) the governing council of a Tasmanian
Health Organisation; or
(b) a person acting under any direction of the
governing council of a Tasmanian Health
Organisation -
is not invalidated by reason only that at the time
when the act or proceeding was done, taken or
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commenced there was a vacancy in the office of
a member.
(2) All acts and proceedings of the governing
council of a Tasmanian Health Organisation, or
of a person acting under a direction of the
governing council of a Tasmanian Health
Organisation, are, despite the subsequent
discovery -
(a) of a defect in the appointment of a
member of the governing council; or
(b) that any other person was disqualified
from acting as, or incapable of being, a
member -
as valid as if the member had been duly
appointed and was qualified to act as, or capable
of being, a member of the governing council,
and as if the governing council had been
properly constituted.
7. Presumptions
In any proceedings to which a Tasmanian Health
Organisation or the governing council of a
Tasmanian Health Organisation is a party, unless
evidence is given to the contrary, proof is not
required of -
(a) the constitution of the governing council;
or
(b) the appointment of a member of the
governing council.
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SCHEDULE 4 - MEETINGS OF GOVERNING
COUNCILS
Section 25
1. Convening of meetings
(1) The chairperson of the governing council of a
Tasmanian Health Organisation -
(a) may convene a meeting at any time; and
(b) must convene a meeting when requested
to do so by 2 or more other members of
the governing council; and
(c) must convene a meeting if a meeting is to
be convened in accordance with a
resolution of a previous meeting of the
governing council.
(2) If the chairperson of the governing council of a
Tasmanian Health Organisation is absent from
duty or otherwise unable to perform the duties of
the office, a meeting may be convened by -
(a) 2 or more other members of the
governing council; or
(b) a person authorised to do so by the
governing council.
(3) A meeting of the governing council of a
Tasmanian Health Organisation may only be
convened if reasonable notice of the meeting is
given to the members of the governing council.
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(4) The governing council of a Tasmanian Health
Organisation is to determine what constitutes
reasonable notice for the purposes of
subclause (3).
2. Presiding at meetings
(1) The chairperson of the governing council of a
Tasmanian Health Organisation is to preside at
all meetings of the governing council at which
he or she is present.
(2) If the chairperson of the governing council of a
Tasmanian Health Organisation is not present at
a meeting of the governing council, a member
elected by the members present at the meeting is
to preside at the meeting.
3. Quorum and voting
(1) At a meeting of the governing council of a
Tasmanian Health Organisation, a quorum is
constituted by the majority of the total number of
members of the council.
(2) A meeting of the governing council of a
Tasmanian Health Organisation at which a
quorum is present is competent to transact any
business of the governing council.
(3) At a meeting of the governing council of a
Tasmanian Health Organisation -
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(a) the member presiding has a deliberative
vote only; and
(b) a question is decided -
(i) by a majority of the members
present and voting; or
(ii) in the negative if there is an
equality of votes of the members
present and voting.
(4) At a meeting of the governing council of a
Tasmanian Health Organisation where a member
is excluded from being present and taking part in
the consideration and decision of the governing
council in relation to a matter, a quorum for the
purposes of considering and making a decision
in relation to that matter is constituted by the
number of members specified as constituting a
quorum in subclause (1), less the number of
members so excluded.
4. Conduct of meetings
(1) Subject to this Act, the governing council of a
Tasmanian Health Organisation may regulate the
calling of, and the conduct of business at, its
meetings as it considers appropriate.
(2) The governing council of a Tasmanian Health
Organisation may permit members to participate
in a particular meeting, or all meetings, of the
council by -
(a) telephone; or
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(b) video conference; or
(c) any other means of communication
approved by the governing council.
(3) A member who participates in a meeting of the
governing council of a Tasmanian Health
Organisation under a permission granted under
subclause (2) is taken to be present at the
meeting.
(4) Without limiting subclause (1), the governing
council of a Tasmanian Health Organisation may
allow a person to attend a meeting of the
governing council for the purpose of advising or
informing it on any matter.
5. Resolutions without meetings
(1) If all members of the governing council of a
Tasmanian Health Organisation sign a document
containing a statement that they are in favour of
a resolution in the terms set out in the document,
a resolution in those terms is taken to have been
passed at a meeting of the governing council -
(a) held on the day on which the document is
signed; or
(b) held, if the members do not sign it on the
same day, on the day on which the last of
the members signs the document; or
(c) if it is not signed by all the members
before the next meeting of the governing
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council, if it is passed by the council at a
meeting of the council.
(2) If a resolution is taken to have been passed under
subclause (1), each member is to be -
(a) advised immediately of the matter; and
(b) given a copy of the terms of the
resolution.
(3) For the purposes of subclause (1), 2 or more
separate documents containing a statement in
identical terms, each of which is signed by one
or more members, are taken to constitute one
document.
6. Minutes
The governing council of a Tasmanian Health
Organisation must keep minutes of its
proceedings.
7. Procedure generally
Except as provided in this Act, the governing
council of a Tasmanian Health Organisation may
regulate its own proceedings.
8. Presumptions as to resolutions and quorums
In any proceedings to which a Tasmanian Health
Organisation or the governing council of a
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Tasmanian Health Organisation is a party, unless
evidence is given to the contrary, proof is not
required of -
(a) any resolution of the governing council;
and
(b) the presence of a quorum at any meeting
of the governing council.
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SCHEDULE 5 - SUBCOMMITTEES
Section 26(4) and section 27(4)
1. Membership
(1) A subcommittee of a Tasmanian Health
Organisation consists of the number of persons
appointed to be members of the subcommittee
under subclause (2).
(2) The governing council of a Tasmanian Health
Organisation is to appoint the number of persons
it thinks fit to be members of a subcommittee of
the organisation.
(3) The governing council of a Tasmanian Health
Organisation is to appoint a member of a
subcommittee of the organisation to be the
chairperson of the subcommittee.
2. Conditions of appointment
(1) A member of a subcommittee is entitled to be
paid the remuneration and allowances the
responsible Ministers determine.
(2) A member of a subcommittee who is a State
Service officer or State Service employee is not
entitled to remuneration or allowances under this
clause except with the approval of the Minister
administering the State Service Act 2000.
(3) A member of a subcommittee holds office for
the period, and on the conditions, the governing
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council specifies in the member's instrument of
appointment as a member of the subcommittee.
3. Meetings
(1) Meetings of a subcommittee of a Tasmanian
Health Organisation are to be held in accordance
with any directions given by the governing
council of the organisation.
(2) A subcommittee of a Tasmanian Health
Organisation may, with the approval of the
governing council of the organisation, obtain
assistance, information and advice from any
person.
(3) Except as otherwise determined by the
governing council of the Tasmanian Health
Organisation, a subcommittee of the organisation
may regulate the calling of, and the conduct of
business at, its meetings.
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SCHEDULE 6 - TRANSITIONAL AND SAVINGS
PROVISIONS
Section 81
1. Interpretation of this Schedule
In this Schedule -
"commencement day" means the day on
which section 6 commences;
"transferring employee" means a person
who, immediately before the
commencement day, was a State Service
employee, or State Service officer,
appointed or employed for the purposes
of the department responsible for the
administration of the Health Act 1997.
2. Interim chairperson
(1) If, by 31 March 2012, section 6 has not
commenced, the responsible Ministers, by
instrument in writing, may appoint a person to
be the interim chairperson for a Tasmanian
Health Organisation.
(2) A person may be appointed to be the interim
chairperson for more than one Tasmanian Health
Organisation.
(3) The interim chairperson for a Tasmanian Health
Organisation is entitled to be paid the
remuneration and allowances that the
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responsible Ministers determine and specify in
the interim chairperson's instrument of
appointment.
(4) The interim chairperson for a Tasmanian Health
Organisation who is a State Service officer or
State Service employee is not entitled to
remuneration or allowances under this clause
except with the approval of the Minister
administering the State Service Act 2000.
(5) The interim chairperson for a Tasmanian Health
Organisation holds office on the conditions
specified in his or her instrument of
appointment.
(6) The interim chairperson for a Tasmanian Health
Organisation may, before 30 June 2012 -
(a) negotiate, and agree to, under section 44,
the service agreement for the Tasmanian
Health Organisation for the following
financial year; and
(b) provide to the responsible Ministers
under section 46 a draft corporate plan
for the Tasmanian Health Organisation or
an amendment to such a plan under
section 47; and
(c) produce under section 50 an annual
business plan for the Tasmanian Health
Organisation for the following financial
year -
as if the Tasmanian Health Organisation had
been established before the commencement day
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and as if he or she were the governing council of
the organisation.
(7) A person who has been appointed to be the
interim chairperson for a Tasmanian Health
Organisation ceases to hold that office -
(a) if the person dies or resigns from that
office; or
(b) if the Minister terminates the
appointment of the person to that office;
or
(c) when section 6 commences -
whichever occurs first.
3. Minister may transfer employees to another Agency
(1) The Minister, by notice published in the Gazette,
may specify that, on and after the
commencement day or a later day specified in
the notice -
(a) a particular transferring employee who is
specified in the notice; or
(b) a transferring employee who is a member
of a class that is specified in the notice -
is to be taken to have been appointed under the
State Service Act 2000 for the purposes of the
Tasmanian Health Organisation specified in the
notice.
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(2) The Minister, by notice published in the Gazette,
may provide for any matters that are incidental
to the transfer of employment of transferring
employees to a Tasmanian Health Organisation.
(3) A person who is specified in, or a member of a
class specified in, a notice under subclause (1) to
be taken to have been appointed under the State
Service Act 2000 for the purposes of a
Tasmanian Health Organisation, is to be taken,
on and after the commencement day or the later
day, as specified in the notice, to have been
appointed under the State Service Act 2000 for
those purposes.
(4) Nothing in subclause (3) is to be taken to prevent
the transfer or termination of the appointment or
employment of a person, to whom that subclause
applies, under the State Service Act 2000.
(5) A notice for the purposes of subclause (1) may
be combined with any other notice under this
Schedule.
4. Property
(1) The Minister, by notice published in the Gazette,
may -
(a) transfer, to a Tasmanian Health
Organisation specified in the notice, on
the day specified in the notice as the day
on which the transfer is to occur, any
property or right vested in the Crown and
any liability of the Crown or obligation
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of the Crown, whether actual,
prospective or contingent; and
(b) provide for any matters that are
incidental to the transfer of any such
property, right, liability or obligation.
(2) On the day specified in the notice under
subclause (1) -
(a) property specified in that notice vests in
the Tasmanian Health Organisation
specified in the notice in accordance with
the transfer specified in the notice; and
(b) a right specified in that notice becomes a
right of the Tasmanian Health
Organisation specified in the notice in
accordance with the transfer specified in
the notice; and
(c) liabilities specified in that notice become
the liabilities of the Tasmanian Health
Organisation specified in the notice in
accordance with the transfer specified in
the notice; and
(d) an obligation specified in that notice
becomes an obligation of the Tasmanian
Health Organisation specified in the
notice in accordance with the transfer
specified in the notice.
(3) A notice for the purposes of subclause (1) may
be combined with any other notice under this
Schedule.
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5. Legal matters
(1) In this clause -
"transfer notice" means a notice under
clause 4.
(2) On and after the day, specified in a transfer
notice, on which transferred property vests in, or
transferred liabilities become the liabilities of, a
Tasmanian Health Organisation, unless
otherwise specified in a transfer notice, a legal
proceeding that -
(a) had been instituted by or against the
Crown and was pending immediately
before that day; and
(b) relates to that transferred property or
transferred liability -
may be continued by or against the Crown.
(3) On and after the day, specified in a transfer
notice, on which transferred property vests in, or
transferred liabilities become the liabilities of, a
Tasmanian Health Organisation, a legal
proceeding that -
(a) had been instituted by or against the
Crown and was pending immediately
before that day; and
(b) relates to that transferred property or
transferred liability -
may be continued by or against the organisation
if a transfer notice specifies that that legal
115
Tasmanian Health Organisations Act 2011
Act No. of
sch. 6
proceeding is, or legal proceedings of a class
which includes that legal proceeding are, to be
continued by or against the organisation.
(4) On and after the day, specified in a transfer
notice, on which transferred property vests in, or
transferred liabilities become the liabilities of, a
Tasmanian Health Organisation, unless
otherwise specified in a transfer notice, a legal
proceeding that -
(a) could have been instituted by or against
the Crown to enforce a right that had
accrued, and was in existence,
immediately before that day; and
(b) relates to that transferred property or
transferred liability -
may be continued by or against the Crown.
(5) On and after the day, specified in a transfer
notice, on which transferred property vests in, or
transferred liabilities become the liabilities of, a
Tasmanian Health Organisation, a legal
proceeding that -
(a) could have been instituted by or against
the Crown to enforce a right that had
accrued, and was in existence,
immediately before that day; and
(b) relates to that transferred property or
transferred liability -
may be instituted by or against the organisation
if a transfer notice specifies that that legal
116
Tasmanian Health Organisations Act 2011
Act No. of
sch. 6
proceeding is, or legal proceedings of a class
which includes that legal proceeding are, to be
continued by or against the organisation.
(6) On and after the day, specified in a transfer
notice, on which transferred property vests in, or
transferred liabilities become the liabilities of, a
Tasmanian Health Organisation, unless
otherwise specified in a transfer notice, a
judgment or order of a court obtained by or
against the Crown before that day in relation to
that transferred property or transferred liability
may be enforced by or against the Crown.
(7) On and after the day, specified in a transfer
notice, on which transferred property vests in, or
transferred liabilities become the liabilities of, a
Tasmanian Health Organisation, a judgment or
order of a court obtained by or against the
Crown before that day in relation to that
transferred property or transferred liability may
be enforced by or against the organisation, if a
transfer notice specifies that that judgment or
order is, or judgments or orders of a court of a
class which includes that judgment or order are,
to be enforced by or against the organisation.
117
Tasmanian Health Organisations Act 2011
Act No. of
sch. 7
SCHEDULE 7 - CONSEQUENTIAL AMENDMENTS
Section 82
State Service Act 2000
1. Schedule 1 is amended by inserting after
Tasmanian Dairy Industry Chairperson of the Tasmanian
Authority Dairy Industry Authority
in Part 2 the following items:
Tasmanian Health Chief executive officer
Organisation - North
Tasmanian Health Chief executive officer
Organisation - South
Tasmanian Health Chief executive officer
Organisation - North West
118 Government Printer, Tasmania